Peery v. Peery

This is a contest of the will of Marcentis G-. Peery, upon an issue of devisavit ml non. The issues tendered in the Circuit Court were, first, that the paper writing was not the last will of M. G. Peery, and, second, that it was not such will, because it was procured • to be executed by improper means and undue influence. The cause was tried before the Court and a jury, and a verdict and judgment (rendered against the validity of the will, and proponents have appealed and assigned errors.

It is assigned as error that the Court admitted certain declarations- made by the testator to his son, M.…